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2025 DAILYLAW 27788 (AP)

GANDHAM SUBBA RAO v. THE STATE OF ANDHRA PRADESH

WP/20298/2025 · 2025-08-03

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010394212025 IN THE HIGH COURT OF ANDHRA PRADESH- AT AMARAVATI (Special Original Jurisdiction) QMS -jr- ^ . MONDAY, THE FOURTH DAY OF AUGUST? (M TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20298 OF 2025 ^ Between: Gandham Subba Rao, S/o. G Chennakesava Rao, Occ; Contractor, R/o. 29-2370/14, Ward No.1, vSiddardhanagar, Vinukonda, Palnadu District. Aged about 49 years. Beside Krishnaveni Hostel, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Department of Municipal Administration And Secretary, Urban Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat Buildings, Department of Finance Velagapudi, Amaravathi, Guntur District. and Planning 3. The Director of Municipal Administration, Guntur, Guntur District. Vaddeswaram, Mangalagiri 4. The Engineer-in-Chief, Public Health Department, Tadepalli, Guntur District. 5. The Vinukonda Municipality, Rep. by its Commissioner, Vinukonda, Palnadu District. 6. The Deputy Executive Engineer, Vinukonda Municipality, Vinukonda, Palnedu District. and Municipal Engineering 7. The Junior Accounts Officer, Vinukonda Municipality Palnadu District. 8.--The Chief Executive Officer, APCFSS, 3rd Floor, Nidhi Bhavan APIIC Building, Mangalagiri, Guntur District, Pincode 522503. Vinukonda, Behind ...Respondents Petition under Article 226^f the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.5,85,580/- vide M Book No. 120/2024-25, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Vinukonda Municipality - General Funds - Providing CC Road from NSP Kalava Katta to Yogamma House at Ramalayam Temple in Seetaiah Nagar in ward no.2, vide Agreement No. 10/2025-26, dated 16.04.2025 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to of amount of Rs.5,85,580/- vide M Book No. 120/2024-25 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. ^ pay for payment lA NO: 1 OF 209fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pieased to direct the respondents to pay for payment of amount of Rs.5,85,580/- vide M Book No. 120/2024-25 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Vinukonda Municipality - General Funds - Providing CC Road from NSP Kalava Katta to Yogamma House at Ramalayam Temple in Seetaiah Nagar in ward vide Agreement No. 10/2025-26, no.2, dated 16.04.2025, forthwith, pending disposal of the Writ Petition. ^ Coun$el for the Petitioner: M/S. MODAPOTHULA SUMALATHA ^ — Counsel for the Respondent Nos. 1, 3 & 4: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2 & 8: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 5 to 7: SMT. SIREESHA RANI— VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following order: APHC010394212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20298/2025 SMS .if [3457] Between: SUBBA RAO, S/O. G CHENNAKESAVA ABOUT 49 YEARS, OCC CONTRACTOR, NO.L, BESIDE KRISHNAVENI HOSTEL VINUKONDA, PALNADU DISTRICT. RAO, AGED R/0. 29-2370/14, WARD VSIDDARDHANAGAR ...PETITIONER AND OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF ANn^^MRRAM of MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL department OF FINANCE AND PLANNING D^^R^CT^'^^ buildings, VELAGAPUDI, AMARAVATHI, GUNTUf! director OF MUNICIPAL ADMINISTRATION VADDESWARAM, MANGALAGIRI, GUNTUR, GUNTUR DISTRICT ’ PDBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT, TADEPALLI GUNTUR DISTRICT 5.THE VINUKONDA MUNICIPALITY, REP BY ITS CoK oNER VINUKONDA, PALNADU DISTRICT ^UMMISSIONER, ^ engineer, VINUKONDA MUNICIPALITY VINUKONDA, PALNADU DISTRICT. ACCOUNTS OFFICER, VINUKONDA MUNICIPALITY VINUKONDA, PALNADU DISTRICT APCFSS, 3RD floor NIDHI dS, GUNTUR Petition under Article 226 of the Constitution of Indi'i'praying fhlt'L* me circumstances stated in the affidavit filed therewith, the High Court may be °f niandamus or any othe" appropriate writ or direction deciaring the action of the Respondents rdeasing the amount of Rs.5,85,580/- vide M Book No. 120/2024-25 even ‘’I"®' P®««oner in reiation to the works i e ■ ‘I®"®''®' ■ P''°''iding CC Road from NSP Kalava Katta to Yogamma House at Ramalayam Tempie in Seetaiah Nagar not 2 in ward no.2, vide Agreement No. 10/2025-26, dated 16.04.2025 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.5,85,580/- vide M Book No. 120/2024-25 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass such lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may please to direct the respondents to pay for payment of amount Rs.5,85,580/- vide M Book No. 120/2024-25 with interest @24% per annum for the delayed amount to the petitioner L: respect of execution of works i.e. Vinukonda Municipality - General Funds - Providing CC Road from NSP Kalava Katta to Yogamma House at Ramalayam Temple in Seetaiah Nagar in ward no.2, vide Agreement No. 10/2025-26, dated 16.04.2025, forthwith, pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1.MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING of 3 . J The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 5‘^ respondent vide Agreement No. 10/2025-26/, dated 16.04.2025 a/id submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. It is submitted that, in all, an amount of Rs.5,85,580/- is due and payable by the respondents to the petitioner. Though the work progress was recorded in the M-Book, no amounts have been forth coming. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 1, 3 and 4; the learned Assistant Government Pleader for 2. Finance and Planning, for the respondents 2 and 8 as well as the learned Standing Counsel for the respondents 5 to 7. Considering the submissions, the respondents 2 and 5 hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand^osed. 3. are 4. 5. S^-SVF. R.AliVlESH BABIl deputy registrar //TRUE COPY// SE To. Administration 2 °P-'°P-ent, secretariat, Veiagapudi, Amaravathi. Guntur Dt. rincipal Secretary, Department of Finance and Planning Seoretanat Buildings, Veiagapudi, Amaravathi, Guntur District:^ & 4 3. The Director of Municipal Administration. Vaddeswaram Guntur, Guntur District. 4. The Engineer-in-Chief, Department, Tadepalli, Guntur District. 5. The Commissioner, Vinukonda Municipality, District. 6. The Deputy Executive Engineer, Vinukonda Municipality, Vinukonda, Palnadu District. 7. The Junior Accounts Officer, Palnadu District. Mangalagiri, Public Health and Municipal Engineering Vinukonda, Palnadu Vinukonda Municipality, Vinukonda 8. The Chief Executive Officer, APCFSS, 3rd Floor, Nidhi Bhavan, Behind- APIIC Building, Mangalagiri, Guntur District, Pincode 522503. 9. One CC to M/s. Modapothula Sumalatha, Advocate [OPUC] 10. One CC to Smt. Sireesha Rani Vallabhaneni (SC for Municipalities), Advocate [OPUC] 11. Two CCs to GP for Muncipal Admn & Urban Dev, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Finance & Planning, High Court of Andhra [OUT] 13. Two CD Copies Pradesh TF HIGH COURT DATED:04/08/2025 ORDER WP NO. 20298 OF 2025 O g( 1 9 AUG 2025 ntSectifiiX*^ Co DISPOSING OF THE W.P. WITHOUT COSTS